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HomeMy WebLinkAboutMinutes-10-14-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Resolution #3025, Ordering Annex. of Entire City Area into Citywide Ltg. Dist. Adopted 2 Resolution #3026, Ordering Dissoltn. of County Ltg. Dist. & Concurrent Annex. to Citywide Ltg. Dist. Adopted 3 Resolution #3027, Decl. Underground Util. Dist. be Formed (Dist. #7, Brookshire Ave.) Adopted 4 Resolution #3028, Ord. Annex. to City Ltg. Dist. (Annex. 74/15 Arnett St. bet. Rives & Pruess) Adopted 4 Appeal, ZE Case 01182, 8509 Imperial Upheld; ref. to Planning Comm. Hwy. for report re modifications 6 Appeal, ZE Case#1183, 8537 Imperial Hwy. Denied 7 Resolution #3029, Confirming Assmts. for Chptr. 27 on DIP #651, Sites 6 & 7, S/s Stewart & Gray Rd. Rives to Paramount Adopted 7 DIP 0661, E/s Old River School Rd. bet. Luxor & Brookmill - Auth. Dept. Comm. Dev. to proceed w/const. Approved 8 Removal of Items from Consent Calendar 8 Minutes, September 24, 1974 Approved 8 Agenda Correspondence Items Approved 8 Legal Claims (for information only) Ref. #199 - 201 Approved 8 General Warrants #133939 - 134253 #201075 - 201107 Approved 8 Resolution 03030, Changing Regular Meeting of Water Board to 4th Tuesday of the Month Approved 8 Legal Claim of Lenore Boone, Ref. #201 Denied 8 Resolution #3031, Declaring City Hall Shall be Open on Particular Holiday (November llth) Adopted 9 Ordinance Amending Sec. 6507.6 & 6506 DMC re Dance Floors Introduced 9 Ordinance Amending Sec. 4103.1 DMC re Dispensing of Alcoholic Beverages in Certain Public Places Introduced 9 Resolution #3032, re Comprehensive Planning Assistance Adopted 10 Page 1 of 2 COUNCIL MINUTES, OCTOBER 14, 1974 TABLE OF MINUTE ACTIONS SUBJECT: Resolution #3033, Auth. Mayor to Sign Lease Agmt. w/Dept. of Transp. for Parcel of Land shown on Exhibit A Resolution #3034, Ord. Dir. Comm. Dev. to make Report (Annex. 74/16 Lemoran Ave. bet. Brookpark & Cedartree) Hearing, Annex. 74/16 Engineer's Report, Annex. 74/16 Resolution #3035, Declaring Intention to Annex to City Lighting Dist. (Annex. 74/16 Lemoran Ave. bet. Brookpark & Cedartree) Resolution #3036, Supporting Proposed Amndmt. to Sec. 6152 Bus. & Prof. Code, making misdemeanor for attys. to solicit business directly or thru tappers Christmas Parade Permit Appl. of Downey Lions Club & Downey Jaycees Proposal for Residential Refuse Service by III-M Disposal Co. Renewal of Golf Course Maintenance Contract w/Zeke Avila & Sons Police Dept. Req. for Three Additional Detectives Dept. of Comm. Dev. Req. for Principal Planner Page 2 of 2 ACTION: PAGE NO. Adopted 10 Adopted 10 Set for 11/11/74 10 Received & filed 10 Adopted 10 Adopted 11 Approved 11 Ref. to Sanitation Comm. & Staff for study 11 Approved 11 Taken under submission 11 Taken under submission 11 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1974 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 14, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Joseph E. DiLoreto, Donald H. Winton, Hazel N. Scotto Richard M. Jennings ABSENT: Councilmen: None ALSO PRESENT: Donald B. Robison, Assistant City Manager Carl Newton, Acting City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance James D. Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief William A. Goggin, City Planner Ray Lake, Building Official Harald J. Henriksen, City Engineer Lyle H. Wilkinson, Battalion Chief Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Mayor Jennings, followed by the Flag Salute led by Councilman Temple. Dr. Ralph Christensen, President of the Downey Shrine Club, presented an award to Mr. Mike Testi for his work on the drug problem in the community and with the youth. A member of the Rio Hondo Chapter of the Red Cross presented plaques to Mr. D. J. Bradley and Mr. C. E. Funkhouser for lifesaving action in rescuing a small child from drowning. Mayor Jennings declared that this is the time and place for the public hearing on Annexation of the Entire City Area into a Citywide Lighting District, which was continued from the regular City Council Meeting of September 9, 1974. He inquired if the City Clerk had received any further written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel commented the proposed zones are estimated as follows: Zone I, Residential -- 21C per $100 assessed valuation, plus 5C for safety lighting, if adopted, for a total of 26G. Zone II, Commercial, industrial apartments -- 28G plus 5C, for a total of 33c. Zone III, Safety Lighting -- 5C if the entire amount is assessed through the district. He discussed the advantages of having a Citywide lighting district for safety lights and said a complete explanation of the lighting district reorganization was published in the local throw -away papers. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Annexation, and the following people addressed the City Council: Mr. Karl Rommel, 12714 LaReina Avenue Mr. Jack Robinson, 8555 Gainford Street Mr. Peter DenHamer, 9229 Muller Street Mr. Larry Hoag, 7740 Fourth Place Gertrude Carroway, 11864 Brookshire Avenue Upon advice of the Acting City Attorney, Mayor Jennings recessed the hearing to continue with the second hearing pertaining to this same matter. Council Minutes 10/14/74 -1- Mayor Jennings declared that this is the time and place for the public hearing on Dissolution of the County Lighting District and the Concurrent Annexation of Areas to Appropriate Zones of the Citywide Lighting District, which was continued from the regular City Council Meeting of September 9, 1974. He inquired if the City Clerk had the Affidavit of Posting of Notice and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to receive and file the Affidavits. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel informed the Council his report on this matter was covered in the first hearing. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Dissolution and Concurrent Annexation, and there was no response. The hearing was recessed to continue with the first hearing. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to close the hearing on Annexation of the Entire City Area into a Citywide Lighting District. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to close the hearing on Dissolution of County Lighting District and the Concurrent Annexation of Areas to Appropriate Zones of the Citywide Lighting District. Responding to questions of the Council, Mr. Spindel said when the costs of maintaining the lighting district are presented to Council at budget time, the Council will then determine how the costs are to be raised and whether any portion will be borne by the City. He stated further that in order to determine which zone an apartment would be located would depend on the assessed valuation of the property involved, the type of lighting supplied, and the amount of tax rate necessary to generate the revenue. Discussion followed regarding zone lighting rates. Mayor Jennings requested Mr. Spindel to provide the Council either before the first assessment or the next budget, a complete breakdown of how apartment lighting zones are going to be determined. Councilman Temple also asked that the request include different alternatives for safety lighting. Further discussion ensued. RESOLUTION NO. 3025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ANNEXATION OF THE ENTIRE CITY AREA INTO A CITYWIDE LIGHTING DISTRICT WITH ZONES AS HEREIN DESCRIBED AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 PURSUANT TO THE STREET LIGHTING ACT OF 1919 The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3025. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 10/14/74 -2- RESOLUTION NO. 3026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DISSOLUTION OF THE COUNTY LIGHTING DISTRICT AND THE CONCURRENT ANNEXATION OF ITS AREAS TO APPROPRIATE ZONES OF THE CITYWIDE LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 PURSUANT TO THE STREET LIGHTING ACT OF 1919 The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3026. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Mayor Jennings declared that this is the time and place for the public hearing on Underground Utility District No. 7, Brookshire Avenue. He inquired if the City Clerk had the Affidavit of Mailing of Notices, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman DiLoreto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the formation of Underground Utility District No. 7, and the following people addressed the City Council in regard to the proposed widening of Brookshire Avenue. Mr. Harlen Hiller, owner of property at Luxor and Brookshire. Mrs. Gertrude Carroway, 11864 Brookshire Avenue. Mr. William Dikeman, 8459 Luxor Street. Mr. Walter Brady, 11720 Brookshire Avenue. Mr. Mike Rahija, 8503 Cleta Street. Responding to questions of Mr. Hiller, Community Development Director Spindel explained the street widening program for Brookshire Avenue between Firestone and Stewart and Gray. Further, he stated, the utilities on Brookshire will be paid for by an allocation from the Edison Company, with the property owners being assessed for conversion of these facilities, and the County, through its Highways through Cities costs, has committed $95,000 of the $185,000 estimated for street improvements. Mayor Jennings inquired if there was anyone present who wished to speak in favor of Underground Utility District No. 7. Mr. Tom Lopez, 11818 Brookshire Avenue, addressed the Council in favor of widening Brookshire and putting in underground utilities. He requested another light be installed for the safety of senior citizens and spoke in favor of a bicycle route along Brookshire. Mayor Jennings noted this hearing was for the Underground Utility District only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to close the hearing. Councilman Winton spoke in favor of widening Brookshire to accommodate the traffic. He asked what could be anticipated relative to funding if the widening is not done. Mr. Spindel noted the County has committed over half the cost of the total project which includes reconstruction, paving, and widening. He said the County may still contribute towards the project if the widening is not done, however, it Council Minutes 10/14/74 -3- I .I is preferred that any Highways through Cities Funds be contributed to a street that is a certain width, and Brookshire is below the accepted standard for a secondary highway based on the County Master Plan. Discussion followed. RESOLUTION NO. 3027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THAT AN UNDERGROUND UTILITY DISTRICT BE FORMED PURSUANT TO RESOLUTION NO. 3066 (DISTRICT NO. 7 - BROOKSHIRE AVENUE) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3027. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Councilman Temple asked if the funds designated for the widening of Brookshire could be diverted for the widening of Fifth Street. Mr. Spindel explained Fifth Street is not a secondary highway on the County Master Plan of Streets and, therefore, would not be eligible for Highways through Cities funds. He pointed out that Brookshire Avenue is a high priority project because of the reconstruction and paving. Further discussion ensued. Mayor Jennings declared a recess at 9:28 p.m. The meeting resumed at 9:43 p.m. with all Councilmen present. Mayor Jennings declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 74/15 Arnett Street. He inquired if the City Clerk had the Affidavit of Posting of Notice and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to receive and file the Affidavits. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Annexation, and there was no response. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to close the hearing. RESOLUTION NO. 3028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 74/15 ARNETT STREET BETWEEN RIVES AVENUE AND PRUESS AVENUE) The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3028. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 10/14/74 -4- Mayor Jennings declared that this is the time and place for the public hearing on Appeal, Zone Exception Case No. 1182, 8509 Imperial Highway. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. City Planner Coggin reported the applicant's first request for a lighted pole sign 20 feet high was modified at the Planning Commission hearing to be a sign - nine feet high but with the same amount of facing of 5' by 81; the second request was to allow a 48 square foot sign to be placed on the easterly face of the build- ing; and the third request was for modification of the hours of operation to extend the closing hour to 11:00 p.m., seven days a week. He said the Planning Commission denied the case. Mayor Jennings inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in favor of the Appeal. Mr. Bruce Watson, 7326 Neo Street, inquired regarding the Council's prior action on the zone exception. Mr. Michael Betor, the applicant, discussed the appearance of his store and requested a nine foot lighted sign in the front area to be situated on the corner of Imperial and Brookshire. He commented on a petition containing 400 signatures in favor of the sign and stated the sign would be the same as the one in front of the Downey Community Hospital, 5' 4" high, 8' 2" wide. He further requested an 11:00 p.m. closing time on weekdays to accommodate his customers. Mr. Betor men- tioned the newspaper racks in front of the store and said he was told to remove them. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Appeal. Mr. Larry Hoag, 7730 Fourth Place, stated he owns the property at 8547 Imperial Highway, the third parcel to the east of the property under discussion. He protested the use of a gaudy sign that would be an intrusion to the residential area. Mr. Coggin offered clarification on the size of building, the proposed size and location of the requested sign, and relocation of the present sign. Mayor Jennings asked Mr. Betor if he wished to speak in rebuttal. Mr. Betor commented on the dimensions of the proposed sign and said it would not be gaudy. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to close the hearing. Discussion followed. Councilman Temple asked what kind of sign would be allowed for Mr. Betor's store under the proposed sign ordinance. Mr. Coggin said the pole sign would not be allowed, 32 square feet probably would be permitted,and the sign would be on the face of the building. He explained signs must be located so as not to flash any glare into nearby residents' windows or cause light to be reflected into dwelling windows. Councilman DiLoreto acknowledged Mr. Betor's sign visibility problem. He said a 4' x 6' sign constructed from masonry block might be more acceptable. Councilwoman Scotto said citizens might object to 11:00 p.m. requested closing time because many people retire prior to that hour. Councilman Temple asked what restrictions exist on commercial zone lighting hours. Council Minutes 10/14/74 -5- Mr. Goggin said there are no restrictions on commercial zone sign lighting hours. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to uphold the appeal of Zone Exception Case No. 1182, re- ferring it back to the Planning Commission for report to the City Council relative to modifying the pole sign to a monument sign and with a reduction of the panels to less than 5' x 8' (probably 4' x 61) that would blend in with the type of construction that now exists; establishing the closing hour at 11.00 p.m. seven days a week; and relocating the front wall sign on the easterly side of the building. AYES: 3 Councilmen: Temple, DiLoreto, Winton NOES: 2 Councilmen: Scotto, Jennings Mayor Jennings declared that this is the time and place for the public hearing on Appeal, Zone Exception Case No. 1183, 8537 Imperial Highway. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. City Planner Coggin reported the request is for construction of a two-story, four -office professional building with six parking spaces, modification of the front yard setback to ten feet rather than the customary 15 feet along Imperial, and a 30 square foot sign to be mounted on the building. He said the Planning Commission denied the case as not meeting the findings required by the Downey Municipal Code. Mr. Coggin mentioned the parking is not adequate; that in con- junction with the Traffic Department, it was felt the 10-foot driveway on Imperial is not safe; and, in any commercial use, a standard requirement is a 20-foot driveway to permit ingress and egress two ways. He discussed the traffic on Imperial Highway and the 15-foot setbacks of all buildings along the street. Mayor Jennings inquired if the City Clerk had received any written corres- pondence on this matter other than the letter from Mr. Larry Hoag, who is present at the meeting, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in favor of the Appeal. Mr. Frank Evola, 10612 Paramount Boulevard, representing the property owner, commented on the Planning Commission's opposition to the case and suggested he be given an opportunity to meet with the Commission to work out a solution to the parking. He noted the size of the property makes it difficult to meet the standards for residential or R-2 uses. Mr. Coggin pointed out that Mr. Evola at this time should present the reasons why, under the findings of the zoning ordinance, he should be granted approval over the opposition of the Planning Commission. Also, he said, there was an Environ- mental Impact Report filed on this case, it was reviewed by the Planning Division, and the recommendation was that the proposed development would have a detrimental effect on the environment. Mr. Goggin commented on the Planning Division's position that a design for commercial use of this property would not be acceptable. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Appeal. Mr. Larry Hoag, owner of the property directly to the east, stated the pro- posed 10-foot driveway on Imperial would be dangerous and the parking would be inadequate. He said Imperial Highway is better suited for commercial rather than residential, however, he is opposed to this development as proposed. Mayor Jennings inquired if Mr. Evola wished to speak in rebuttal. Mr. Evola said he is confused in that Mr. Hoag voiced an opinion in favor of commercial, yet he is in opposition to this development. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to close the hearing. Council Minutes 10/14/74 -6- Councilman DiLoreto expressed a desire for this matter to be referred back to the Planning Commission for reconsideration if the applicant can meet the 15-foot setback, adequate access, and adequate parking. Councilman Winton noted if the applicant widens the driveways and provides the 15-foot setback, there would be no plan left for a structure. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to deny the Appeal, Zone Exception Case No. 1183. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings NOES: 1 Councilmen: DiLoreto Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 651, Sites 6 and 7, South side of Stewart and Gray Road between Rives Avenue and Paramount Boulevard. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the costs for construction as follows: Site 6 - 7940 Stewart and Gray Road Total Cash Assessment $ 95.00 Interest, 1-yr. Assmt. 6.41 Total to be collected $101.41 Site 7 - 7952 Stewart and Gray Road Total Cash Assessment $284.00 Interest, 3-yr Assmt. 39.89 Total to be collected $323.89 It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to accept the Engineer's Report as written. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the improvements, and there was no response. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to close the hearing. RESOLUTION NO. 3029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 651, SITES 6 AND 7, SOUTH SIDE STEWART AND GRAY ROAD, RIVES AVENUE TO PARAMOUNT BOULEVARD The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3029. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 661, East side of Old River School Road Between Luxor and Brookmill Road. He inquired if the City Clerk had the Affidavit of Post- ing and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Council Minutes 10/14/74 -7- Community Development Director Spindel reported this hearing is for the con- struction of cement driveways at 11714, 11718, and 11726 Old River School Road. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to accept the Engineer's Report as written. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the improvements, and there was no response. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to close the hearing. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to grant authority to the Department of Community Development to proceed with construction on Downey Improvement Project No. 661. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Removal of Items from Consent Calendar Councilman Temple requested the Resolution declaring November 11, 1974 as not Being a Holiday, be removed from the Consent Calendar. Councilwoman Scotto requested Legal Claim Ref. #201 of Lenore Boone, be removed from the Consent Calendar. Mayor Jennings inquired if there was anyone present who wished to speak regarding any item on the Consent Calendar, and there was no response. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to approve the remaining Consent Calendar: Minutes of the Citv Council Meetine of September 24. 1974. Communication from Public Utilities Commission regarding Application of Southern California Gas Company for authority to increase revenues - Notice of hearing (Appl. #55117). Communication from Public Utilities Commission regarding Resolution to Amend Commission's Rules of Practice and Procedure. Communication from Public Utilities Commission regarding Application of Southern California Edison Comp for order to make special adjustment to billings - Notice of filing Appl. 9k55198). Communication from Public Utilities Commission regarding Application of Pacific Telephone & Telegraph for rate increase - Order denying request I A --I 4S GII/.\ Communication from Public Utilities Commission regarding Application of Southern California Edison Company for authority to increase rates - Notice of hearing (App1, #54946). LEGAL CLAIMS (for information only) Ref. #199, Betty Allen Ref. #200, Deborah Elerick Ref. #201, Grace Roberta McFall General Warrants #133939 - 134253 and #201075 - 201107, $667,956.41. RESOLUTION NO. 3030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE REGULAR MEETING OF THE WATER BOARD TO THE FOURTH TUESDAY OF THE MONTH AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to deny the Legal Claim of Lenore Boone, Ref. #201. Discussion followed. AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings NOES: 1 Councilmen: Scotto Council Minutes 10/14/74 -8- RESOLUTION NO. 3031 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THAT THE CITY HALL SHALL BE OPEN ON A PARTICULAR HOLIDAY Mayor Jennings indicated the three employees' associations of the City were contacted regarding changing the City's holiday (Veterans Day) back to November llth, and the response was "no". Now, he said, a petition has been re- ceived from employees requesting the date be changed, and since there is not enough time for a meeting of the Personnel Board for a resolution effectuating a change, this will have to wait until next year. The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3031. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Mayor Jennings inquired if the Council wished to continue using the Consent Calendar, and the Council replied yes. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6507.6 AND SECTION 6506 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO DANCE FLOORS The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. Discussion was held regarding requirements of the Ordinance and the filing fees involved. It was moved by Councilman Winton, seconded by Councilman DiLoreto, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4103.1 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO THE DISPENSING OF ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman DiLoreto, and passed by the following vote to introduce the Ordinance. Councilman Temple asked about the one-year time limit originally requested. Acting City Attorney Newton said the Ordinance can be made effective for a period of one year, however, that would be forecasting legislative action. AYES: 4 Councilmen:; Temple, DiLoreto, Winton, Jennings NOES: 1 Councilmen: Scotto RESOLUTION NO. 3032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, STATE OF CALIFORNIA, RELATIVE TO COMPREHENSIVE PLANNING ASSISTANCE The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman DiLoreto, and so ordered to waive further reading. Council Minutes 10/14/74 -9- It was moved by Councilman Winton, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 3032. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 3033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR A PARCEL OF LAND AS SHOWN ON EXHIBIT A The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3033. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 3034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATION 74/16 LEMORAN AVE. BETWEEN BROOKPARK RD. AND CEDARTREE RD.) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3034. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings The hearing date of November 11, 1974, was scheduled and inserted in Section 5 of Resolution No. 3035. Community Development Director Spindel reported the lighting was requested by 69 percent of the property owners in this district. He said the annual operating cost will be $264.96; the first and second year costs will be 50C per $100 assessed valuation to pay off the installation, operation, and maintenance; and the third year and continuing cost under present rates would be 23c per $100 assessed valuation. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to receive and file the Engineer's Report as written. RESOLUTION NO. 3035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983. (ANNEXATION 74/16 LEMORAN AVENUE BETWEEN BROOKPARK ROAD AND CEDARTREE ROAD). The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3035. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 10/14/74 -10- RESOLUTION NO. 3036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING A PROPOSED AMENDMENT TO SECTION 6152 OF THE BUSINESS AND PROFESSIONS CODE, WHICH WOULD MALE IT A MISDEMEANOR FOR ATTORNEYS TO SOLICIT BUSINESS DIRECTLY OR THROUGH CAPPERS The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3036. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman DiLoreto, seconded by Councilman Winton, and carried to approve the Christmas Parade Permit Application of the Downey Lions Club and the Downey Jaycees. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to refer the Proposal for Residential Refuse Service by III-M Disposal Co. back to the Sanitation Committee and Staff for study. Community Development Director Spindel was requested to schedule a Sanitation Meeting. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve the Renewal of Golf Course Maintenance Contract with Zeke Avila and Sons. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings CITY MANAGER'S REPORT Assistant City Manager Robison submitted a Police Department Request for Three Additional Detectives, indicating if approved, available Federal Revenue Sharing moneys could be used. The Council expressed a desire to take this matter under submission pending a solid recommendation from the City Manager. Also considered was the Department of Community Development's Request for a Principal Planner. Community Development Director Spindel noted the City has been assured of a 701 Grant to be used specifically for Planning Assistance. He commented further on the need for a Principal Planner to work on Housing and Safety Elements for the General Plan; that hiring a consultant would be extremely expensive. These matters were taken under submission. ORAL COMMUNICATIONS Councilman Winton mentioned he will be bringing back a resolution indicating a Change in the Council Time to Both Evening Meetings. Councilwoman Scotto requested definite procedures be set up for citizen committees to annually elect a chairman and that the committees arrange to meet soon to have their elections, if they have not done so already. Councilman Temple explained that he and Councilman Winton have been working on rules and regulations and reviewing committees, and some guidelines will be presented. There being no further business to come before the City Council, the meeting was adjourned aafit// 11:5533 p.m. Robert L. Shand, City Clerk -Treasurer Ricifa d M. JenningsMayor / Council Minutes 10/14/74 -11-